Sarang V. Kotwal, J.:— The applicant is seeking anticipatory bail in connection with C.R. No. 1635 of 2020 registered at Swargate Police Station, District Pune, under sections 406, 420 r/w 34 of the Penal Code, 1860 and under sections 3 and 4 of the Maharashtra Protection of Interest of Depositors Act.
2. The gist of the FIR lodged on 28/9/2020, by one Machhindra Mahadev Kupade is that, he came across an advertisement in newspaper, issued by one Nagesh Chavan. The advertisement was about prospects of earning good money through email marketing. The informant contacted Nagesh Chavan. He had worked with Nagesh Chavan in the email marketing but the work had not progressed further. At that time accused Nagesh Chavan and one Manali Ketkar introduced the informant to one Nivedita Kulkarni. The informant was told that Nivedita Kulkarni had lost her husband and crores of rupees were expected to come in her account; but for completing the procedure, she was in need of money. The FIR goes on to mention that accused Nagesh Chavan and Nivedita Kulkarni told the informant that if anybody invested with them for that procedure, they would give handsome returns. The FIR mentions different persons and their investments made with Nagesh Chavan and Nivedita Kulkarni. Allegations are that all these amounts were misappropriated causing wrongful loss. There is a reference in the FIR to the applicant's name. It is mentioned that the applicant was given Rs. 5,75,000 through one Chintamani Thakkar by one Rajan Satpute Therefore she was also part of that conspiracy.
3. Heard Mr. V.V. Purwant, the learned counsel for the applicant and Smt. A.A. Takalkar, the learned APP for the State.
4. The learned Counsel for the applicant submitted that the applicant herself had given complaint against Satpute and Nivedita Kulkarni. He submitted that under some pretext Satpute deposited more than 19 lakhs in her account which were directed to be transferred in the account of Nivedita Kulkarni. The applicant was assured that Nivedita Kulkarni would give her financial help and only for some time her account was to be used. Shri Purwant submitted that one Sale Deed without consideration was executed at the behest of Nivedita Kulkarni and Satpute. In fact, the applicant herself was a victim. She has not received any amount. The amount which was received from Satpute was immediately transferred to Nivedita Kulkarni, which shows that the applicant was a victim and not a beneficiary in this case.
5. Today, the learned APP is seeking time as the Investigating Officer is not present. At her request today I am adjourning the matter. However, considering submissions made by the learned advocate for the applicant, today I am protecting the applicant by granting interim protection to the applicant till the next date.
6. Hence the following order.
(I) In the event of her arrest in connection with C.R. C.R. No. 1635 of 2020 registered with Swargate Police Station, District Pune, till the next date, the Applicant is directed to be released on bail on her executing P.R. bond in the sum of Rs. 30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.
(ii) This order shall operate till 31/03/2021.
(iii) The applicant shall attend the concerned Police as and when called and shall co-operate with the investigation.
(iv) Stand over to 31/03/2021.